UMNO Court of Appeal rejects Uthayakumar’s “ethnic cleansing” application for extension of time to file Petition of Appeal. Case back to biased Sessions Court Judge.

This morning P.Uthayakumar was present at the Court of Appeal Putrajaya for the above Appeal appealing that the so obviously “biased” Sessions court Judge does not hear P. Uthayakumar’s trial at the Kuala Lumpur Sessions Court despite the bad blood between Uthayakumar and the said “biased” Judge. The Court of appeal rejected Uthayakumar’s application for extension of time to file in the Petition of appeal as there was a miscommunication about the Record of Appeal.

And now Uthayakumar is forced to go on trial before this biased Judge this Wednesday 20/10/10 at 9.00 a.m for mention.

Justice must not only be done but must manifestedly and undoubtedly be seen to be done.

In Metropolition Properties Co Ltd v Lennon 1969 QB 577 Lord Denning said and I quote ‘It brings home this point in considering whether there was a real likehood of biasness the court does not look at the mind of the justice himself or at the mind of the Chairman of the tribunal or whoever it may be who sits in a judicial capacity. It does not look to see if there was a real likehood that he would or did in fact favour one side at the expense of the other. The Court looks at the impression which would be given to another people. Even if he was as impartial as he could be, nevertheless if right minded persons would think that, in the circumstances, there was a real likehood of bias on his part then he should not sit. And if he does sit, his decision cannot stand. Nevertheless there must be circumstances from which a reasonable man would think it likely or probable that the Justice or Chairman as the case may be would or did favour one side unfairly, suffice it that reasonable people might think he did. The reason is plain enough. Justice must be rooted in confidence and confidence is destroyed when right minded people go away thinking the Judge was biased.” (NST 12/10/08 page 23).

In England Uthayakumar would have got justice. In fact the Sedition charge of “ethnic cleansing” would have been thrown out in the first place by the grand Jury in the USA as the Kampong Medan ethnic cleansing where 5 Indians were murdered in broad daylight by people believed to be civil clothes policemen and 100 others caused severely grievous bodily injuries. Up to date the UMNO government has refused to hold a Royal Commission of Inquiry, the Malaysian Human Rights Commission has refused hold an Inquiry and the Attorney General Gani Patail and the Chief Justice refusing to order an Inquest into the five Indian murders despite it being 10 years on now.

So much for Justice in UMNO Najib Razak’s One Malay-sia.

S. Jayathas